Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2020-2021, 75594-75595 [2022-26787]
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Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
and conduct a single inquiry with
respect to the product at issue for both
orders only on the record of the
antidumping proceeding.’’ 7 Further,
once ‘‘the Secretary issues a final
circumvention determination on the
record of the antidumping duty
proceeding, the Secretary will include a
copy of that determination on the record
of the countervailing duty
proceeding.’’ 8 Accordingly, once
Commerce concludes this
circumvention inquiry, Commerce
intends to place its final circumvention
determination on the record of the
companion CVD proceeding.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1),
Commerce will notify U.S. Customs and
Border Protection (CBP) of its initiation
of the requested circumvention
inquiries and direct CBP to continue the
suspension of liquidation of entries of
products subject to the circumvention
inquiries that were already subject to
the suspension of liquidation and to
apply the cash deposit rate that would
be applicable if the products were
determined to be covered by the scope
of the Orders. Should Commerce issue
preliminary or final circumvention
determinations, Commerce will follow
the suspension of liquidation rules
under 19 CFR 351.226(l)(2)–(4).
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
In accordance with 19 CFR 351.226(d)
and section 781(b) of the Act, Commerce
has determined that Edsal’s request for
a circumvention inquiry satisfies the
requirements of 19 CFR 351.226(c).
Accordingly, Commerce is notifying all
interested parties of the initiation of a
circumvention inquiry to determine
whether U.S. imports of boltless steel
shelving that have been completed or
assembled in, and exported from,
Malaysia using certain components
manufactured in China, are
circumventing the Orders. We included
a description of the products that are
subject to the circumvention inquiry,
and an explanation of the reasons for
Commerce’s decision to initiate these
inquiries, in the accompanying
Initiation Memorandum.9 In accordance
with 19 CFR 351.226(e)(2), Commerce
intends to issue its preliminary
determination in these circumvention
proceedings no later than 150 days from
the date of publication of this notice in
the Federal Register.
7 See
19 CFR 351.226(m)(2).
8 Id.
9 See
Initiation Memorandum.
VerDate Sep<11>2014
17:50 Dec 08, 2022
Jkt 259001
This notice is published in
accordance with section 781(b) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: December 5, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the
Circumvention Initiation Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiry
V. Statutory and Regulatory Framework for
Circumvention Inquiries
VI. Statutory Analysis for the Circumvention
Inquiry
VII. Country-Wide Circumvention Inquiry
VIII. Recommendation
[FR Doc. 2022–26788 Filed 12–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–810]
Polyethylene Terephthalate Resin
From the Sultanate of Oman: Final
Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has determined
that OCTAL SAOC—FZC (OCTAL), the
sole respondent subject to this
antidumping duty (AD) administrative
review, made sales of subject
merchandise at less than normal value
during the period of review (POR) May
1, 2020, through April 30, 2021.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3518.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 7, 2022, Commerce published
the Preliminary Results in the Federal
Register and invited interested parties
to comment on those results.1 On July
1 See Polyethylene Terephthalate Resin from the
Sultanate of Oman: Preliminary Results of
Antidumping Duty Administrative Review; 2020–
2021, 87 FR 34643 (June 7, 2022), and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
14, 2022, DAK Americas LLC, Indorama
Ventures USA, Inc., and Nan Ya Plastics
Corporation, America (collectively, the
petitioners) filed a case brief and
OCTAL filed a letter in lieu of a case
brief.2 On July 22, 2022, OCTAL filed a
rebuttal brief.3 For a complete
description of the events that occurred
since publication of the Preliminary
Results, see the Issues and Decision
Memorandum.4
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise covered by this
order is PET resin having an intrinsic
viscosity of at least 0.70, but not more
than 0.88, deciliters per gram. The
merchandise subject to this Order is
properly classified under subheadings
3907.60.00.30, 3907.61.0000,
3907.61.0010, 3907.61.0050,
3907.69.0000, 3907.69.0010, and
3907.69.0050 of the Harmonized Tariff
Schedule of the United States
(HTSUS).5 Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by this Order is dispositive. For
a complete description of the scope of
the order, see Issues and Decision
Memorandum.
Analysis of Comments Received
We listed all the issues that interested
parties raised in their case and rebuttal
briefs, and which we addressed in the
Issues and Decision Memorandum, in
2 See Petitioners’ Letter, ‘‘Polyethylene
Terephthalate Resin from the Sultanate of Oman:
Petitioners’ Case Brief,’’ dated July 14, 2022; see
also OCTAL’s Letter, ‘‘OCTAL’s Letter in Lieu of
Case Brief: Certain Polyethylene Terephthalate
(PET) Resin from the Sultanate of Oman,’’ dated
July 14, 2022.
3 See OCTAL’s Letter, ‘‘OCTAL’s Rebuttal Brief
Certain Polyethylene Terephthalate (PET) Resin
from the Sultanate of Oman,’’ dated July 22, 2022.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2021 Administrative Review of the Antidumping
Duty Order on Polyethylene Terephthalate Resin
from the Sultanate of Oman,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
5 On January 27, 2017, Commerce added HTSUS
subheadings 3907.61.0000 and 3907.69.0000 to the
Case Reference File. See Memorandum, ‘‘Request
from Customs and Border Protection to Update the
ACE Case Reference File: Polyethylene
Terephthalate Resin form the Sultanate of Oman
(A–523–810),’’ dated January 31, 2017. Further, on
February 28, 2019, Commerce added HTSUS
subheadings 3907.61.0010, 3907.61.0050,
3907.69.0010, and 3907.69.0050 to the Case
Reference File. See Memorandum, ‘‘Request from
U.S. Customs and Border Protection to Update the
ACE Case Reference File: Polyethylene
Terephthalate Resin form the Sultanate of Oman
(A–523–810),’’ dated February 28, 2019.
E:\FR\FM\09DEN1.SGM
09DEN1
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
the Appendix to this notice. The Issues
and Decision Memorandum is a public
document that is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, we made certain changes to the
Preliminary Results. See the Issues and
Decision Memorandum for a description
of those changes.
Final Results of Review
We are assigning the following
weighted-average dumping margin to
the firm listed below for the period May
1, 2020, through April 30, 2021:
calculated for the examined sales to the
importer to the total entered value of
those sales. Where the respondent did
not report entered value, we calculated
importer-specific per-unit duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the importer
to the total quantity of those sales. To
determine whether an importer-specific
per-unit duty assessment rate was de
minimis, we calculated an estimated
entered value. Where an importerspecific assessment rate is de minimis
(i.e., less than 0.5 percent), the entries
by that importer will be liquidated
without regard to dumping duties.6
For entries of subject merchandise
during the POR produced by OCTAL for
which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate such entries at the all-others
rate (i.e., 7.62 percent) 7 if there is no
rate for the intermediate company(ies)
involved in the transaction.8
for all other producers or exporters will
continue to be 7.62 percent, the allothers rate established in the less-thanfair-value investigation. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
OCTAL SAOC–FZC ...................
3.96 for consumption on or after the
publication date of this notice in the
Federal Register, as provided by section
Disclosure
751(a)(2)(C) of the Act: (1) the cash
Commerce intends to disclose the
deposit rate for OCTAL will be equal to
calculations performed in connection
the weighted-average dumping margin
with these final results to interested
listed in the above table; (2) for subject
parties within five days of the date of
merchandise exported by producers or
publication of this notice in the Federal exporters not covered in this review, but
Register, in accordance with 19 CFR
covered in a prior segment of the
351.224(b).
proceeding, the cash deposit rate will
continue to be the rate established for
Assessment Rates
the producer or exporter in the most
Commerce has determined, and U.S.
recently completed segment of this
Customs and Border Protection (CBP)
proceeding in which it participated; (3)
shall assess, antidumping duties on all
if the exporter of the subject
appropriate entries in this review, in
merchandise does not have a companyaccordance with section 751(a)(2)(C) of
specific cash deposit rate, but the
the Act and 19 CFR 351.212(b).
producer does, then the cash deposit
Commerce intends to issue assessment
rate will be the cash deposit rate
instructions to CBP no earlier than 35
established for the producer in the most
days after the date of publication of the
recently completed segment of this
final results of this review in the
Federal Register. If a timely summons is proceeding; and (4) the cash deposit rate
filed at the U.S. Court of International
6 See Antidumping Proceedings: Calculation of
Trade, the assessment instructions will
the Weighted-Average Dumping Margin and
direct CBP not to liquidate relevant
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
entries until the time for parties to file
(February 14, 2012).
a request for a statutory injunction has
7 See Certain Polyethylene Terephthalate Resin
expired (i.e., within 90 days of
from Canada, the People’s Republic of China, India,
publication).
and the Sultanate of Oman: Amended Final
Pursuant to 19 CFR 351.212(b)(1),
Affirmative Antidumping Determination (Sultanate
of Oman) and Antidumping Duty Orders, 81 FR
where the respondent reported the
27979, 27981 (May 6, 2016).
entered value of its U.S. sales, we
8 For a full discussion of this practice, see
calculated importer-specific ad valorem Antidumping
and Countervailing Duty Proceedings:
duty assessment rates based on the ratio Assessment of Antidumping Duties, 68 FR 23954
of the total amount of dumping
(May 6, 2003).
Producers/exporters
lotter on DSK11XQN23PROD with NOTICES1
Weighted
average
dumping
margin
(percent)
VerDate Sep<11>2014
17:50 Dec 08, 2022
Jkt 259001
75595
PO 00000
Frm 00010
Fmt 4703
Sfmt 9990
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Sections in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: The Appropriate Date of Sale
Comment 2: Whether to Adjust the
Reported General and Administrative
Expenses
VI. Recommendation
[FR Doc. 2022–26787 Filed 12–8–22; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75594-75595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26787]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-810]
Polyethylene Terephthalate Resin From the Sultanate of Oman:
Final Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that
OCTAL SAOC--FZC (OCTAL), the sole respondent subject to this
antidumping duty (AD) administrative review, made sales of subject
merchandise at less than normal value during the period of review (POR)
May 1, 2020, through April 30, 2021.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2022, Commerce published the Preliminary Results in the
Federal Register and invited interested parties to comment on those
results.\1\ On July 14, 2022, DAK Americas LLC, Indorama Ventures USA,
Inc., and Nan Ya Plastics Corporation, America (collectively, the
petitioners) filed a case brief and OCTAL filed a letter in lieu of a
case brief.\2\ On July 22, 2022, OCTAL filed a rebuttal brief.\3\ For a
complete description of the events that occurred since publication of
the Preliminary Results, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Polyethylene Terephthalate Resin from the Sultanate of
Oman: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021, 87 FR 34643 (June 7, 2022), and accompanying Preliminary
Decision Memorandum (Preliminary Results).
\2\ See Petitioners' Letter, ``Polyethylene Terephthalate Resin
from the Sultanate of Oman: Petitioners' Case Brief,'' dated July
14, 2022; see also OCTAL's Letter, ``OCTAL's Letter in Lieu of Case
Brief: Certain Polyethylene Terephthalate (PET) Resin from the
Sultanate of Oman,'' dated July 14, 2022.
\3\ See OCTAL's Letter, ``OCTAL's Rebuttal Brief Certain
Polyethylene Terephthalate (PET) Resin from the Sultanate of Oman,''
dated July 22, 2022.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Polyethylene Terephthalate Resin from the
Sultanate of Oman,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by this order is PET resin having an
intrinsic viscosity of at least 0.70, but not more than 0.88,
deciliters per gram. The merchandise subject to this Order is properly
classified under subheadings 3907.60.00.30, 3907.61.0000, 3907.61.0010,
3907.61.0050, 3907.69.0000, 3907.69.0010, and 3907.69.0050 of the
Harmonized Tariff Schedule of the United States (HTSUS).\5\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise covered by this
Order is dispositive. For a complete description of the scope of the
order, see Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ On January 27, 2017, Commerce added HTSUS subheadings
3907.61.0000 and 3907.69.0000 to the Case Reference File. See
Memorandum, ``Request from Customs and Border Protection to Update
the ACE Case Reference File: Polyethylene Terephthalate Resin form
the Sultanate of Oman (A-523-810),'' dated January 31, 2017.
Further, on February 28, 2019, Commerce added HTSUS subheadings
3907.61.0010, 3907.61.0050, 3907.69.0010, and 3907.69.0050 to the
Case Reference File. See Memorandum, ``Request from U.S. Customs and
Border Protection to Update the ACE Case Reference File:
Polyethylene Terephthalate Resin form the Sultanate of Oman (A-523-
810),'' dated February 28, 2019.
---------------------------------------------------------------------------
Analysis of Comments Received
We listed all the issues that interested parties raised in their
case and rebuttal briefs, and which we addressed in the Issues and
Decision Memorandum, in
[[Page 75595]]
the Appendix to this notice. The Issues and Decision Memorandum is a
public document that is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we made certain changes to the Preliminary Results.
See the Issues and Decision Memorandum for a description of those
changes.
Final Results of Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period May 1, 2020, through April 30,
2021:
------------------------------------------------------------------------
Weighted
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
OCTAL SAOC-FZC.............................................. 3.96
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the importer to the total
entered value of those sales. Where the respondent did not report
entered value, we calculated importer-specific per-unit duty assessment
rates based on the ratio of the total amount of dumping calculated for
the examined sales to the importer to the total quantity of those
sales. To determine whether an importer-specific per-unit duty
assessment rate was de minimis, we calculated an estimated entered
value. Where an importer-specific assessment rate is de minimis (i.e.,
less than 0.5 percent), the entries by that importer will be liquidated
without regard to dumping duties.\6\
---------------------------------------------------------------------------
\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by OCTAL
for which it did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate such entries at the
all-others rate (i.e., 7.62 percent) \7\ if there is no rate for the
intermediate company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------
\7\ See Certain Polyethylene Terephthalate Resin from Canada,
the People's Republic of China, India, and the Sultanate of Oman:
Amended Final Affirmative Antidumping Determination (Sultanate of
Oman) and Antidumping Duty Orders, 81 FR 27979, 27981 (May 6, 2016).
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of this
notice in the Federal Register, as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for OCTAL will be equal to the
weighted-average dumping margin listed in the above table; (2) for
subject merchandise exported by producers or exporters not covered in
this review, but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the rate established for the producer
or exporter in the most recently completed segment of this proceeding
in which it participated; (3) if the exporter of the subject
merchandise does not have a company-specific cash deposit rate, but the
producer does, then the cash deposit rate will be the cash deposit rate
established for the producer in the most recently completed segment of
this proceeding; and (4) the cash deposit rate for all other producers
or exporters will continue to be 7.62 percent, the all-others rate
established in the less-than-fair-value investigation. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: The Appropriate Date of Sale
Comment 2: Whether to Adjust the Reported General and
Administrative Expenses
VI. Recommendation
[FR Doc. 2022-26787 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P
